Kelly Horwitz, left, and Denise Hills wait during the canvassing of votes from the Aug. 27 municipal election inside the Tuscaloosa City Council Chambers at City Hall Tuesday, Sept. 3, 2013.

Michelle Lepianka Carter | The Tuscaloosa News

By Stephanie TaylorStaff Writer | The Tuscaloosa News

Published: Monday, October 14, 2013 at 9:00 a.m.

Last Modified: Monday, October 14, 2013 at 9:57 a.m.

Kelly Horwitz, the Tuscaloosa City Board of Education incumbent who was defeated in the Aug. 27 municipal election, is contesting the votes of 397 people.

The one-term incumbent lost by a margin of 87 votes to Cason Kirby, who earned 416 votes to her 329. Kirby is set to take office on Nov. 4, representing the district that includes the University of Alabama and the surrounding residential area.

Horwitz filed a legal challenge to the results, raising questions of whether the student voters in the district meet residency requirements or whether they were offered incentives to vote for Kirby.

On Monday, her attorneys filed a brief claiming that more than half of the people who voted in the district were ineligible to vote in there or were offered free alcoholic drinks or concert tickets. State law reads that "It shall be unlawful for any person to pay or offer to pay, or for any person to accept such payment, either to vote or withhold his or her vote, or to vote for or against any candidate" and that violations are misdemeanors.

Horwitz's attorneys claim that 397 voters either did not meet residency requirements or cast votes tainted by misconduct, fraud, corruption, intimidation or bribery. A court hearing to discuss the list and other claims is scheduled for 9 a.m. Tuesday before Tuscaloosa County Circuit Court Judge Jim Roberts

A legal brief filed by Horwitz's attorneys early Monday contains texts of e-mails from several of the organizations urging members to vote for Kirby. The attorneys say that promises of free alcoholic drinks from two local bars and concert tickets mentioned in the emails qualify as bribery and violate that state law.

Horwitz's team has been speaking to college students and knocking on doors in preparation for a trial set for Oct. 31, said Virginia Buck, one of the attorneys representing Horwitz.

"Even though only a handful of the thousands of young women in sororities have been willing to talk to us about misconduct in offering illegal inducements to vote, the information that has been shared with us is very disturbing," she wrote in an email sent Monday morning. "I can only imagine what we could learn if more people had the courage to come forward and share information with us."

The attorneys claim that 377 of the 397 contested votes were tainted by misconduct or fraud. They say that 284 violated the residency requirement.

Andy Campbell, the Birmingham attorney representing Kirby, said that Horwitz and her lawyers have no basis to claim that those students voted illegally.

"The contestant in her filing has used misstatements, innuendo and a handful of emails from students to argue that there was widespread bribery and illegal voting in this election," he wrote in a email. "This is not only untrue and unsupported by the evidence, it is totally at odds with Alabama law. Rather than showing what specific voters were illegal as required by law, the contestant has labeled virtually every student who voted -- over 400 -- as ‘tainted by fraud' without any further evidence."

Horwitz's attorneys claim that 375 of the 745 voters are members of Greek organizations. Support for Kirby, they say, was orchestrated by "The Machine," a group of fraternities and sororities that have organized block voting to influence campus, and sometimes local politics, for decades.

The women who Horwitz's team have spoken with are afraid that their sororities will retaliate if their identities become public, Buck said.

"We would like to call on the University Administration to help protect these young women by instructing the sororities and fraternities on campus that retaliation against whistle blowers is not acceptable and will not be tolerated," said Buck.

Emails included in the filing from chapter leadership indicate that members were encouraged to vote for Kirby for District 4 and Lee Garrison for board chairman. Some referenced a wristband voters could receive for a free drink at one of two downtown bars. Neither of the bars ended up participating in the promotion after the Alabama Alcoholic Beverage Control Board warned them not to, according to the court filings.

"There is absolutely no showing of what specific students received any social messages, what specific students acted on the basis of any social messages, that my client had anything to do with them or that any students accepted a free drink as a result," Campbell said. "Nor is there any evidence that a free drink was tied to a vote for Cason Kirby. What Horwitz is seeking is to disenfranchise a entire class of student voters based on supposition and not evidence. The irony is that Horwitz has testified that she went to the same sorority and fraternity houses actively seeking votes from the same students she now claims as illegal votes."

According to Horwitz's attorneys, one e-mail allegedly sent to members of Phi Mu sorority stated the members were required to present "I Voted" stickers in order to receive one of the tickets the chapter had purchased for the Backstreet Boys concert that was held on night.

The attorneys also state that an election official reported that a member of Alpha Omicron Pi sorority stopped filling out a provisional ballot after she was asked to sign an oath subjecting her to potential perjury charges. She was later "ushered back in by other girls who insisted she cast a ballot."

Horwitz's filing also states that a member of Delta Gamma sorority said that members were given voter registration cards during recruitment and not permitted to leave the basement until they filled them out. The woman listed the Delta Gamma house as their address even though they do not live there, the attorneys wrote.

Buck said that students who violated the residency requirement either did not live in the district for the required 30 days prior to the election or didn't live in the district at all.

"What we have been able to learn in a short period of time with limited resources has been disturbing," she said.

Buck said that 157 of the district's voters did not meet the 30-day residency requirement. Horwitz's team confirmed that 52 people did not live at their registered address by knocking on doors, she said.

Others were placed on the list for a miscellaneous reasons, she said. For example, 23 women registered to vote with a Tutwiler Hall address more than a year ago, she said. The team assumed that they no longer live at the dorm populated by mostly freshman women, she said.

"We've had a team of about 20 people who have helped with the factual development of our case," Buck said. "These are people who were very disturbed by what happened in this election and who want to be involved in trying to remedy this."

Horwitz's attorneys are still working to identify voters who they say cast illegal votes.

"We would also like to encourage more members of the Greek community to come forward with any additional information they have concerning misconduct surrounding the school board election. As has often been said, ‘The only thing necessary for the triumph of evil is that good men do nothing,'" Buck wrote in the email.

TEXT OF E-MAIL AND FACEBOOK MESSAGES ALLEGEDLY SENT TO MEMBERS OF GREEK ORGANIZATIONS:

A post on Zeta Tau Alpha sorority's private Facebook page:

“Hi, girls! I spoke to y'all during recruitment about this election coming up, but I just wanted to let everyone know that tomorrow is an election day and we are supporting Cason Kirby for District 4. There will be limos on Magnolia drive starting from 7am-7pm. I have a list of 30 girls that ARE registered to vote and I would greatly appreciate if you did. There will be a reward if you do. Cason Kirby's election team has rented out Moe's and Innisfree for tomorrow night and if you vote and turn in a 'I Voted' sticker to me tomorrow then I will give you a wristband. That will get you into both of these bars for FREE and you will receive one free drink at both bars. I have 30 wristbands and ONLY the girls that vote will receive one.”

An e-mail allegedly sent to Delta Gamma sorority members:

“Hey y'all!

"I'm sorry for the long email, but bare (sic) with me. It is very important!

"The election is tomorrow! Polls open at 7 a.m.. If you registered to vote, go to the polls and vote! Be sure and have your license or ACT card with you. There will be limos on sorority row taking people to the polls. If you get in a limo, remember which color it is or the name of it so you will come back to the same location you got on! When you get to the polls, be confident. If there is media, DO NOT TALK TO THEM AT ALL. Do not go near a camera or reporter. If they come up to you, just say no, but don't be rude. After you vote, come back to the house and give [name deleted] or me your 'I Voted' sticker. You will then get a wristband for voting! We will be in the informal living room. Please go before 4:00 if you can vote. If you have any problems, call me!

"Next, you should have received a voter registration ID card that tells you where to go vote on the front of it. If your name is listed below then go vote at CALVARY BAPTIST CHURCH, not the Rec Center. If your name is not listed below then look on your card to see where to go and tell the limo driver where you are supposed to go vote after they drop people off at Calvary. If your name is listed below, you are voting for Cason Kirby for District 4. If your name is not listed below then you are voting for Lee Garrison.

"If you get to Calvary and they say you are not registered but your name is listed below, tell them you want to vote on a provisional ballot. Do not say that you are on a list, but that you live in the district and registered. Because you do live here and you did register.

"If you put an address that was not your real address, do not go vote and call me as soon as you read this.

"Also, we get Panhellenic points for everyone who goes to vote!!

"Go like the Elect Cason Kirby page on FaceBook!

"This is very important to our chapter and the Greek system as a whole. I have a list of who registered to vote, so if you registered, GO VOTE. Remember, we worked very hard to get to this point and this is our opportunity to show that we are here to stay! So, remember: go vote and take your license or ACT card

"see if your name is on the list below

"DO NOT TALK TO MEDIA

"Give your 'I Voted' sticker to [name deleted] or me for a wristband

"BE CONFIDENT

"CALL ME IF YOU HAVE A QUESTION OR A PROBLEM [phone number deleted]”

An e-mail to members of Alpha Omicron Pi. Horitz's attorneys claim the author gave wristbands for free drinks after receiving “I Voted” stickers from sorority members:

“Hey, girls. Hope you all had a fantastic first few days of class. I just want to reiterate how important it is that if you are registered to vote in Tuscaloosa, that you do so this Tuesday, August 27th. There are two former UA students that we need to get out and support:

"First and foremost is Cason Kirby--running for Tuscaloosa City Board of Education. Cason was UA's SGA president in 2008 and also attended law school here. He is already involved with Adopt a School programs, as well as a current board member for higher education partnership of Alabama, making him more than qualified for this position.

[Kirby and Garrison] are absolutely qualified for these positions and we need to do our part by going out to support them. (P.S.: If you wear your “I Voted” sticker, you will receive a free drink at Moe's and Innisfree on election night...so seriously, go vote.)”

<p>Kelly Horwitz, the Tuscaloosa City Board of Education incumbent who was defeated in the Aug. 27 municipal election, is contesting the votes of 397 people.</p><p>The one-term incumbent lost by a margin of 87 votes to Cason Kirby, who earned 416 votes to her 329. Kirby is set to take office on Nov. 4, representing the district that includes the University of Alabama and the surrounding residential area.</p><p>Horwitz filed a legal challenge to the results, raising questions of whether the student voters in the district meet residency requirements or whether they were offered incentives to vote for Kirby.</p><p>On Monday, her attorneys filed a brief claiming that more than half of the people who voted in the district were ineligible to vote in there or were offered free alcoholic drinks or concert tickets. State law reads that "It shall be unlawful for any person to pay or offer to pay, or for any person to accept such payment, either to vote or withhold his or her vote, or to vote for or against any candidate" and that violations are misdemeanors.</p><p>Horwitz's attorneys claim that 397 voters either did not meet residency requirements or cast votes tainted by misconduct, fraud, corruption, intimidation or bribery. A court hearing to discuss the list and other claims is scheduled for 9 a.m. Tuesday before Tuscaloosa County Circuit Court Judge Jim Roberts</p><p>A legal brief filed by Horwitz's attorneys early Monday contains texts of e-mails from several of the organizations urging members to vote for Kirby. The attorneys say that promises of free alcoholic drinks from two local bars and concert tickets mentioned in the emails qualify as bribery and violate that state law.</p><p>Horwitz's team has been speaking to college students and knocking on doors in preparation for a trial set for Oct. 31, said Virginia Buck, one of the attorneys representing Horwitz.</p><p>"Even though only a handful of the thousands of young women in sororities have been willing to talk to us about misconduct in offering illegal inducements to vote, the information that has been shared with us is very disturbing," she wrote in an email sent Monday morning. "I can only imagine what we could learn if more people had the courage to come forward and share information with us."</p><p>The attorneys claim that 377 of the 397 contested votes were tainted by misconduct or fraud. They say that 284 violated the residency requirement.</p><p>Andy Campbell, the Birmingham attorney representing Kirby, said that Horwitz and her lawyers have no basis to claim that those students voted illegally.</p><p>"The contestant in her filing has used misstatements, innuendo and a handful of emails from students to argue that there was widespread bribery and illegal voting in this election," he wrote in a email. "This is not only untrue and unsupported by the evidence, it is totally at odds with Alabama law. Rather than showing what specific voters were illegal as required by law, the contestant has labeled virtually every student who voted -- over 400 -- as 'tainted by fraud' without any further evidence."</p><p>Horwitz's attorneys claim that 375 of the 745 voters are members of Greek organizations. Support for Kirby, they say, was orchestrated by "The Machine," a group of fraternities and sororities that have organized block voting to influence campus, and sometimes local politics, for decades.</p><p>The women who Horwitz's team have spoken with are afraid that their sororities will retaliate if their identities become public, Buck said.</p><p>"We would like to call on the University Administration to help protect these young women by instructing the sororities and fraternities on campus that retaliation against whistle blowers is not acceptable and will not be tolerated," said Buck.</p><p>Emails included in the filing from chapter leadership indicate that members were encouraged to vote for Kirby for District 4 and Lee Garrison for board chairman. Some referenced a wristband voters could receive for a free drink at one of two downtown bars. Neither of the bars ended up participating in the promotion after the Alabama Alcoholic Beverage Control Board warned them not to, according to the court filings.</p><p>"There is absolutely no showing of what specific students received any social messages, what specific students acted on the basis of any social messages, that my client had anything to do with them or that any students accepted a free drink as a result," Campbell said. "Nor is there any evidence that a free drink was tied to a vote for Cason Kirby. What Horwitz is seeking is to disenfranchise a entire class of student voters based on supposition and not evidence. The irony is that Horwitz has testified that she went to the same sorority and fraternity houses actively seeking votes from the same students she now claims as illegal votes."</p><p>According to Horwitz's attorneys, one e-mail allegedly sent to members of Phi Mu sorority stated the members were required to present "I Voted" stickers in order to receive one of the tickets the chapter had purchased for the Backstreet Boys concert that was held on night.</p><p>The attorneys also state that an election official reported that a member of Alpha Omicron Pi sorority stopped filling out a provisional ballot after she was asked to sign an oath subjecting her to potential perjury charges. She was later "ushered back in by other girls who insisted she cast a ballot."</p><p>Horwitz's filing also states that a member of Delta Gamma sorority said that members were given voter registration cards during recruitment and not permitted to leave the basement until they filled them out. The woman listed the Delta Gamma house as their address even though they do not live there, the attorneys wrote.</p><p>Buck said that students who violated the residency requirement either did not live in the district for the required 30 days prior to the election or didn't live in the district at all.</p><p>"What we have been able to learn in a short period of time with limited resources has been disturbing," she said.</p><p>Buck said that 157 of the district's voters did not meet the 30-day residency requirement. Horwitz's team confirmed that 52 people did not live at their registered address by knocking on doors, she said.</p><p>Others were placed on the list for a miscellaneous reasons, she said. For example, 23 women registered to vote with a Tutwiler Hall address more than a year ago, she said. The team assumed that they no longer live at the dorm populated by mostly freshman women, she said.</p><p>"We've had a team of about 20 people who have helped with the factual development of our case," Buck said. "These are people who were very disturbed by what happened in this election and who want to be involved in trying to remedy this."</p><p>Horwitz's attorneys are still working to identify voters who they say cast illegal votes.</p><p>"We would also like to encourage more members of the Greek community to come forward with any additional information they have concerning misconduct surrounding the school board election. As has often been said, 'The only thing necessary for the triumph of evil is that good men do nothing,'" Buck wrote in the email.</p><p> </p><p><b>TEXT OF E-MAIL AND FACEBOOK MESSAGES ALLEGEDLY SENT TO MEMBERS OF GREEK ORGANIZATIONS:</b></p><p><center><b>A post on Zeta Tau Alpha sorority's private Facebook page:</b></center></p><p><i>“Hi, girls! I spoke to y'all during recruitment about this election coming up, but I just wanted to let everyone know that tomorrow is an election day and we are supporting Cason Kirby for District 4. There will be limos on Magnolia drive starting from 7am-7pm. I have a list of 30 girls that ARE registered to vote and I would greatly appreciate if you did. There will be a reward if you do. Cason Kirby's election team has rented out Moe's and Innisfree for tomorrow night and if you vote and turn in a 'I Voted' sticker to me tomorrow then I will give you a wristband. That will get you into both of these bars for FREE and you will receive one free drink at both bars. I have 30 wristbands and ONLY the girls that vote will receive one.”</i></p><p><center><b>An e-mail allegedly sent to Delta Gamma sorority members:</b></center></p><p><i>“Hey y'all!</p><p>"I'm sorry for the long email, but bare (sic) with me. It is very important!</p><p>"The election is tomorrow! Polls open at 7 a.m.. If you registered to vote, go to the polls and vote! Be sure and have your license or ACT card with you. There will be limos on sorority row taking people to the polls. If you get in a limo, remember which color it is or the name of it so you will come back to the same location you got on! When you get to the polls, be confident. If there is media, DO NOT TALK TO THEM AT ALL. Do not go near a camera or reporter. If they come up to you, just say no, but don't be rude. After you vote, come back to the house and give [name deleted] or me your 'I Voted' sticker. You will then get a wristband for voting! We will be in the informal living room. Please go before 4:00 if you can vote. If you have any problems, call me!</p><p>"Next, you should have received a voter registration ID card that tells you where to go vote on the front of it. If your name is listed below then go vote at CALVARY BAPTIST CHURCH, not the Rec Center. If your name is not listed below then look on your card to see where to go and tell the limo driver where you are supposed to go vote after they drop people off at Calvary. If your name is listed below, you are voting for Cason Kirby for District 4. If your name is not listed below then you are voting for Lee Garrison.</p><p>"If you get to Calvary and they say you are not registered but your name is listed below, tell them you want to vote on a provisional ballot. Do not say that you are on a list, but that you live in the district and registered. Because you do live here and you did register.</p><p>"If you put an address that was not your real address, do not go vote and call me as soon as you read this.</p><p>"Also, we get Panhellenic points for everyone who goes to vote!!</p><p>"Go like the Elect Cason Kirby page on FaceBook!</p><p>"This is very important to our chapter and the Greek system as a whole. I have a list of who registered to vote, so if you registered, GO VOTE. Remember, we worked very hard to get to this point and this is our opportunity to show that we are here to stay! So, remember: go vote and take your license or ACT card</p><p>"see if your name is on the list below</p><p>"DO NOT TALK TO MEDIA</p><p>"Give your 'I Voted' sticker to [name deleted] or me for a wristband</p><p>"BE CONFIDENT</p><p>"CALL ME IF YOU HAVE A QUESTION OR A PROBLEM [phone number deleted]”</i></p><p><center><b>An e-mail to members of Alpha Omicron Pi. Horitz's attorneys claim the author gave wristbands for free drinks after receiving “I Voted” stickers from sorority members:</center></b></p><p><i>“Hey, girls. Hope you all had a fantastic first few days of class. I just want to reiterate how important it is that if you are registered to vote in Tuscaloosa, that you do so this Tuesday, August 27th. There are two former UA students that we need to get out and support:</p><p>"First and foremost is Cason Kirby--running for Tuscaloosa City Board of Education. Cason was UA's SGA president in 2008 and also attended law school here. He is already involved with Adopt a School programs, as well as a current board member for higher education partnership of Alabama, making him more than qualified for this position.</p><p>[Kirby and Garrison] are absolutely qualified for these positions and we need to do our part by going out to support them. (P.S.: If you wear your “I Voted” sticker, you will receive a free drink at Moe's and Innisfree on election night...so seriously, go vote.)”</i></p><center><p>***************</p><p><i>Reach Stephanie Taylor at <a href="mailto:stephanie.taylor@tuscaloosanews.com">Stephanie.Taylor@tuscaloosanews.com</a> or 205-722-0210.&nbsp;</i></p><p><div class="fb-like" data-href="https://www.facebook.com/tuscnews" data-send="false" data-layout="button_count" data-width="200" data-show-faces="false" data-font="tahoma"></div><i>&nbsp;<a href="https://www.facebook.com/tuscnews">Tuscaloosa News coverage on Facebook</a></i></p><p><a href="https://twitter.com/TNews_Steph" class="twitter-follow-button" data-show-count="false" data-size="large">Follow @TNews_Steph</a><script>!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0],p=/^http:/.test(d.location)?'http':'https';if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src=p+'://platform.twitter.com/widgets.js';fjs.parentNode.insertBefore(js,fjs);}}(document, 'script', 'twitter-wjs');</script><a href="https://twitter.com/intent/tweet?screen_name=TNews_Steph" class="twitter-mention-button" data-size="large" data-related="tuscaloosanews">Tweet to @TNews_Steph</a><script>!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0],p=/^http:/.test(d.location)?'http':'https';if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src=p+'://platform.twitter.com/widgets.js';fjs.parentNode.insertBefore(js,fjs);}}(document, 'script', 'twitter-wjs');</script></p>